The Legislature of the State of New Jersey has, in N.J.S.A. 13:D-1 et
seq., delegated the responsibility to local governmental units to adopt stormwater
management regulations designed to promote the public health, safety and general
welfare of its citizenry. Therefore, the Township Committee of the Township
of Andover, State of New Jersey, has adopted the following Stormwater Management
Ordinance.

Uncontrolled stormwater from development may result in
areas of the Township of Andover which may be subject to periodic inundation.
This may result in the loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.

Policy statement. Flood control, groundwater recharge,
and pollutant reduction through nonstructural or low-impact techniques shall
be explored before relying on structural BMPs. Structural BMPs should be integrated
with nonstructural stormwater management strategies and proper maintenance
plans. Nonstructural strategies include both environmentally sensitive site
design and source controls that prevent pollutants from being placed on the
site or from being exposed to stormwater. Source control plans should be developed
based upon physical site conditions and the origin, nature, and the anticipated
quantity or amount of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards for
water quality, quantity, and groundwater recharge.

Compatibility with other permit and ordinance requirements.
Development approvals issued for subdivisions and site plans pursuant to this
chapter are to be considered an integral part of development approvals under
the subdivision and site plan review process and do not relieve the applicant
of the responsibility to secure required permits or approvals for activities
regulated by any other applicable code, rule, act, or ordinance. In their
interpretation and application, the provisions of this chapter shall be held
to be the minimum requirements for the promotion of the public health, safety,
and general welfare. This chapter is not intended to interfere with, abrogate,
or annul any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this chapter imposes restrictions
different from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher standards
shall control.

Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application. The definitions
below are the same as or based on the corresponding definitions in the Stormwater
Management Rules at N.J.A.C. 7:8-1.2.

A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.

A person professionally qualified and duly licensed in New Jersey
to perform engineering services that may include, but not necessarily be limited
to, development of project requirements, creation and development of project
design and preparation of drawings and specifications.

The division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any building or structure, any mining excavation or landfill, and any use
or change in the use of any building or other structure, or land or extension
of use of land, by any person, for which permission is required under the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development
of agricultural lands, development means: any activity that requires a state
permit; any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review of any
activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.

An area or feature which is of significant environmental value, including,
but not limited to: stream corridors; natural heritage priority sites; habitat
of endangered or threatened species; large areas of contiguous open space
or upland forest; steep slopes; and well head protection and groundwater recharge
areas. Habitats of endangered or threatened species are identified using the
Department's Landscape Project as approved by the Department's Endangered
and Non-game Species Program.

Any development that provides for ultimately disturbing one or more
acres of land. Disturbance for the purpose of this rule is the placement of
impervious surface or exposure and/or movement of soil or bedrock or clearing,
cutting, or removing of vegetation.

Any individual, corporation, company, partnership, firm, association,
Township of Andover, or political subdivision of this state subject to municipal
jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq.

Water resulting from precipitation (including rain and snow) that
runs off the land's surface, is transmitted to the subsurface, or is
captured by separate storm sewers or other sewage or drainage facilities,
or conveyed by snow removal equipment.

An excavation or embankment and related areas designed to retain
stormwater runoff. A stormwater management basin may either be normally dry
(that is, a detention basin or infiltration basin), retain water in a permanent
pool (a retention basin), or be planted mainly with wetland vegetation (most
constructed stormwater wetlands).

Any structural or nonstructural strategy, practice, technology, process,
program, or other method intended to control or reduce stormwater runoff and
associated pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.

The ocean and its estuaries, all springs, streams, wetlands, and
bodies of surface or ground water, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.

An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as “hydrophytic vegetation.”

Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 150-6. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

The standards in this chapter apply only to new major
development and are intended to minimize the impact of stormwater runoff on
water quality and water quantity in receiving water bodies and maintain groundwater
recharge. The standards do not apply to new major development to the extent
that alternative design and performance standards are applicable under a regional
stormwater management plan or water quality management plan adopted in accordance
with Department rules. Alternative standards shall provide at least as much
protection from stormwater-related loss of groundwater recharge, stormwater
quantity and water quality impacts of major development projects as would
be provided under the standards in N.J.A.C. 7:8-5.

A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates through an alternatives analysis that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections F and G to the maximum extent practicable;

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections F and G that were not achievable on site.

To the maximum extent practicable, the standards in Subsections F and G shall be met by incorporating nonstructural stormwater management strategies set forth in this subsection into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

Minimize the decrease in the "time of concentration"
from pre-construction to post construction. "Time of concentration" is defined
as the time it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;

Provide other source controls to prevent or minimize
the use or exposure of pollutants at the site, in order to prevent or minimize
the release of those pollutants into stormwater runoff. Such source controls
include, but are not limited to:

When establishing vegetation after land disturbance,
applying fertilizer in accordance with the requirements established under
the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules.

Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection E(3)(c) below.

Design engineers shall use either of the following grates
whenever they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body under
that grate:

The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996); or

Whenever design engineers use a curb-opening inlet, the
clear space in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more than seven
square inches, or be no greater than two inches across the smallest dimension.

Where the review agency determines that this standard
would cause inadequate hydraulic performance that could not practicably be
overcome by using additional or larger storm drain inlets that meet these
standards;

Where flows from the water quality design storm as specified in Subsection G(1) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places rules at
N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey Register
listed historic property.

Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 150-9, or found on the Department's website at www.njstormwater.org.

This subsection contains minimum design and performance
standards to control erosion, encourage and control infiltration and groundwater
recharge, and control stormwater runoff quantity impacts of major development.

Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100% of the
average annual preconstruction groundwater recharge volume for the site; or

Stormwater from areas of high pollutant loading. High
pollutant loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored, or applied,
areas where pesticides are loaded/unloaded or stored; areas where hazardous
materials are expected to be present in greater than "reportable quantities"
as defined by the United States Environmental Protection Agency (EPA) at 40
CFR 302.4; areas where recharge would be inconsistent with a Department-approved
remedial action work plan or landfill closure plan and areas with high risks
for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and

Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial facility,
which is directly or indirectly related to process, manufacturing or other
industrial activities, which could be a source of pollutants in any industrial
stormwater discharge to groundwater. Source materials include, but are not
limited to, raw materials; intermediate products; final products; waste materials;
byproducts; industrial machinery and fuels, and lubricants, solvents, and
detergents that are related to process, manufacturing, or other industrial
activities that are exposed to stormwater.

The design engineer shall assess the hydraulic impact
on the groundwater table and design the site so as to avoid adverse hydraulic
impacts. Potential adverse hydraulic impacts include, but are not limited
to, exacerbating a naturally or seasonally high water table so as to cause
surficial ponding, flooding of basements, or interference with the proper
operation of subsurface sewage disposal systems and other subsurface structures
in the vicinity or downgradient of the groundwater recharge area.

Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and one-hundred-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition, in
the peak runoff rates of stormwater leaving the site for the two-, ten- and
one-hundred-year storm events and that the increased volume or change in timing
of stormwater runoff will not increase flood damage at or downstream of the
site. This analysis shall include the analysis of impacts of existing land
uses and projected land uses assuming full development under existing zoning
and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and one-hundred-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff rates.
The percentages apply only to the post-construction stormwater runoff that
is attributable to the portion of the site on which the proposed development
or project is to be constructed. The percentages shall not be applied to post-construction
stormwater runoff into tidal flood hazard areas if the increased volume of
stormwater runoff will not increase flood damages below the point of discharge;
or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection F(1)(c)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

Any application for a new agricultural development that meets the definition of major development at § 150-4 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.

Stormwater management measures shall be designed to reduce
the post-construction load of total suspended solids (TSS) in stormwater runoff
by 80% of the anticipated load from the developed site, expressed as an annual
average. Stormwater management measures shall only be required for water quality
control if an additional 1/4 acre of impervious surface is being proposed
on a development site. The requirement to reduce TSS does not apply to any
stormwater runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollution Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under
a NJPDES permit from this requirement. The water quality design storm is 1.25
inches of rainfall in two hours. Water quality calculations shall take into
account the distribution of rain from the water quality design storm, as reflected
in Table 1. The calculation of the volume of runoff may take into account
the implementation of nonstructural and structural stormwater management measures.

For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 150-8, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 150-8. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.

If there is more than one on-site drainage area, the
eighty-percent TSS removal rate shall apply to each drainage area, unless
the runoff from the subareas converges on site, in which case the removal
rate can be demonstrated through a calculation using a weighted average.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections F and G.

Special water resource protection areas shall be established
along all waters designated Category One at N.J.A.C. 7:9B, and perennial or
intermittent streams that drain into or upstream of the Category One waters
as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within
the associated HUC14 drainage area. These areas shall be established for the
protection of water quality, aesthetic value, exceptional ecological significance,
exceptional recreational significance, exceptional water supply significance,
and exceptional fisheries significance of those established Category One waters.
These areas shall be designated and protected as follows:

A three-hundred-foot special water resource protection
area shall be provided on each side of the waterway, measured perpendicular
to the waterway from the top of the bank outwards or from the center line
of the waterway where the bank is not defined, consisting of existing vegetation
or vegetation allowed to follow natural succession.

Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.

All stormwater shall be discharged outside of and flow
through the special water resource protection area and shall comply with the
standard for off-site stability in the "Standards for Soil Erosion and Sediment
Control in New Jersey," established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq.

If stormwater discharged outside of and flowing through
the special water resource protection area cannot comply with the standard
for off-site stability in the "Standards for Soil Erosion and Sediment Control
in New Jersey," established under the Soil Erosion and Sediment Control Act,
N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with
the requirements of the above standards may be placed within the special water
resource protection area, provided that:

The encroachment shall only be allowed where the applicant
demonstrates that the functional value and overall condition of the special
water resource protection area will be maintained to the maximum extent practicable;

A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

Subsection G(8) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

The USDA Natural Resources Conservation Service (NRCS)
methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in the NRCS National Engineering Handbook Section 4 — Hydrology
and Technical Release 55 — Urban Hydrology for Small Watersheds; or

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection A(1)(a) and the Rational and Modified Rational Methods at Subsection A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design
engineer shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, which may reduce
preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms,
the design engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately compute
the rates and volume of stormwater runoff from the site. To calculate runoff
from unconnected impervious cover, urban impervious area modifications as
described in the NRCS Technical Release 55 — Urban Hydrology for Small
Watersheds and other methods may be employed.

If the invert of the outlet structure of a stormwater
management measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the effects
of tailwater in the design of structural stormwater management measures.

The New Jersey Geological Survey Report GSR-32 A Method
for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein
by reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices Manual;
at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29
Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.

Structural stormwater management measures shall be designed
to take into account the existing site conditions, including, for example,
environmentally critical areas, wetlands; flood-prone areas; slopes; depth
to seasonal high water table; soil type, permeability and texture; drainage
area and drainage patterns; and the presence of solution-prone carbonate rocks
(limestone).

Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 150-10D.

Structural stormwater management measures shall be designed,
constructed, and installed to be strong, durable, and corrosion resistant.
Measures that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed
to meet this requirement.

Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 150-6 of this chapter.

Manufactured treatment devices may be used to meet the requirements of § 150-6 of this chapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.

The "Standards for Soil Erosion and Sediment Control
in New Jersey" promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the Soil Conservation Districts
listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number
of each Soil Conservation District may be obtained from the State Soil Conservation
Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;

The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.
The location, address, and telephone number of each Soil Conservation District
may be obtained from the State Soil Conservation Committee, P.O. Box 330,
Trenton, New Jersey 08625; (609) 292-5540.

A trash rack is a device designed to catch trash and
debris and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management basin
to ensure proper functioning of the basin outlets in accordance with the following:

The average velocity of flow through a clean trash rack
is not to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening through
the rack.

For purposes of this Subsection B(3), escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection C a freestanding outlet structure may be exempted from this requirement.

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection D for an illustration of safety ledges in a stormwater management basin.

Variance or exemption from safety standards. A variance
or exemption from the safety standards for stormwater management basins may
be granted only upon a written finding by the appropriate reviewing agency
(municipality, county or Department) that the variance or exemption will not
constitute a threat to public safety.

Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection C below as part of the submission of the applicant's application for subdivision or site plan approval.

Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the subdivision or
site plan review process by the Andover Planning Board, Zoning Board of Adjustment,
or the Township Engineer. That municipal board or official shall consult the
Municipal/Planning/Zoning Board engineer to determine if all of the checklist
requirements have been satisfied and to determine if the project meets the
standards set forth in this chapter.

Topographic Base Map. The reviewing engineer may require
upstream tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends a minimum
of 200 feet beyond the limits of the proposed development, at a scale of one
inch equals 200 feet or greater, showing two-foot contour intervals. The map
as appropriate may indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, erodible soils, perennial or intermittent
streams that drain into or upstream of the Category One waters, wetlands and
floodplains along with their appropriate buffer strips, marshlands and other
wetlands, pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and man-made
features not otherwise shown.

Environmental site analysis: a written and graphic description
of the natural and man-made features of the site and its environs. This description
should include a discussion of soil conditions, slopes, wetlands, waterways
and vegetation on the site. Particular attention should be given to unique,
unusual, or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.

Project description and site plan(s): a map (or maps)
at the scale of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural facilities
for stormwater management and sediment control, and other permanent structures.
The map(s) shall also clearly show areas where alterations occur in the natural
terrain and cover, including lawns and other landscaping, and seasonal high
ground water elevations. A written description of the site plan and justification
of proposed changes in natural conditions may also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 150-5 through 150-8 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Total area to be paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan to control
and dispose of stormwater.

Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge capacity
for each outlet at different levels of detention and emergency spillway provisions
with maximum discharge capacity of each spillway.

When the proposed stormwater management control measures
(e.g., infiltration basins) depends on the hydrologic properties of soils,
then a soils report shall be submitted. The soils report shall be based on
on-site boring logs or soil pit profiles. The number and location of required
soil borings or soil pits shall be determined based on what is needed to determine
the suitability and distribution of soils present at the location of the control
measure.

Waiver from submission requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the municipal/planning board/zoning board engineer, waive submission of any of the requirements in Subsection C(1) through (6) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

The maintenance plan shall contain specific preventative
maintenance tasks and schedules; cost estimates, including estimated cost
of sediment, debris, or trash removal; and the name, address, and telephone
number of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best Management
Practices Manual. If the maintenance plan identifies a person other than the
developer (for example, a public agency or homeowners' association) as
having the responsibility for maintenance, the plan shall include documentation
of such person's agreement to assume this responsibility, or of the developer's
obligation to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned
or transferred to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases the entire
residential development or project.

If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed
to maintain the function of the stormwater management measure, including repairs
or replacement to the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement; restoration
of vegetation; and repair or replacement of nonvegetated linings.

The person responsible for maintenance identified under Subsection B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

The person responsible for maintenance identified under Subsection B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection B(6) and (7) above.

In the event that the stormwater management facility
becomes a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall have
14 days to effect maintenance and repair of the facility in a manner that
is approved by the municipal engineer or his designee. The municipality, in
its discretion, may extend the time allowed for effecting maintenance and
repair for good cause. If the responsible person fails or refuses to perform
such maintenance and repair, the municipality or county may immediately proceed
to do so and shall bill the cost thereof to the responsible person.

Nothing in this section shall preclude the municipality
in which the major development is located from requiring the posting of a
performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Nothing in this section shall preclude the municipality
in which the major development is located from requiring the posting of a
performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

As a condition of preliminary approval and prior to acceptance
of the basin by the Township, the applicant shall enter into an escrow agreement
with the Township, which agreement shall include a statement that the escrow
contribution is made in consideration of the Township assuming all future
maintenance of the basin. The form of agreement shall be provided by the Township.
The agreement, upon execution, shall be recorded by the applicant in the office
of the Sussex County Clerk. The applicant shall thereafter file a copy of
the recorded agreement with the Township Planning Department.

The amount of escrow contribution shall be based upon
the area of the detention basin on an acreage basis, which shall include the
plan area at the top of the bank plus an additional 25 feet at the top of
the bank encircling the basin. The amount of the escrow contribution shall
be calculated according to the following formula: $10,000 per acre of area
of basin for repairs and major maintenance. The total of the above shall be
multiplied by a factor of 1.1 to cover the cost of the first year's maintenance.
The minimum contribution, regardless of the size of the basin, shall be $35,000.

Upon certification by the Township Engineer that the project is complete and the guarantee bond for the project may be released, acceptance of the basin by the Township shall be specifically stated in the resolution authorizing the bond release. The Township shall retain from the cash portion of the bond a sum equal to the escrow contribution calculation by the Township Engineer in accordance with the formula in Subsection B(3) above. In the event the cash portion of the bond is less than the escrow contribution, the developer shall post the deficit in cash prior to the release of the bond. Any interim bond reductions authorized by the Township shall not be construed to mean that all or any part of the detention basin has been accepted by the Township, nor shall any such interim reduction reduce the cash portion of the bond to an amount less than the escrow contribution.

Where the Township finds during construction or prior
to Township acceptance is necessary to protect environmental resources, the
developer shall furnish a resource evaluation report to include but not (be)
limited to data on water quality, quantity, thermal characteristics, soil
and vegetation.

The goal for the planning and design of a stormwater
management facility is for its operation with the least practical amount of
maintenance. To accomplish this, the facility shall be developed to eliminate
avoidable maintenance tasks, minimize the long-term amount of regular maintenance
tasks, and reduce the potential for extensive, difficult, and costly remedial
or emergency maintenance efforts.

Strong, durable, and noncorrodible materials, components,
and fasteners shall be used to reduce required maintenance efforts. These
include, but are not limited to, lightweight noncorrodible metals such as
aluminum for trash racks, orifice plates, and access hatches; hardy, disease-resistant
grasses for bottoms and side slopes as prescribed by Soil Erosion and Sediment
Control Standards administered by the Sussex County Soil Conservation District;
reinforced concrete for outlet structures and inlet headwalls; and gabions
for channel and outlet linings.

The requirements of this section do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency. Responsibility for operation and maintenance
of stormwater management facilities, including periodic removal and disposal
of accumulated particulate material and debris, shall remain with the property
owner, unless assumed by a governmental agency, with permanent arrangements
that it shall pass to any successor or owner. If portions of the land are
to be sold, legally binding arrangements shall be made to pass the basic responsibility
to successors in title. These arrangements shall designate for each project
the property owner, governmental agency, or other legally established entity
to be permanently responsible for inspection and maintenance, hereinafter
in this section referred to as the "responsible person."

Prior to granting approval or as a condition of final
subdivision or site plan approval to any project subject to review under this
chapter, the applicant shall enter into an agreement with the municipality
to ensure the operation and maintenance of the stormwater management facility.
In cases where property is subdivided and sold separately, a homeowners'
association or similar permanent entity shall be established as the responsible
person, absent an agreement by a governmental agency to assume responsibility.
It shall be demonstrated to the municipality that a proposed new responsible
entity has the capability to complete and finance necessary maintenance. A
two-year maintenance guarantee shall be posted for all private stormwater
management facilities in accordance with N.J.S.A. 40:55D-53.

In the event that the stormwater management facility
becomes a danger to public safety or public health, or if it is in need of
maintenance, the municipality shall so notify the responsible person in writing.
Upon receipt of that notice, the responsible person shall have 14 days to
effect maintenance and repair of the facility in a manner that is approved
by the Township Engineer or his designee. If the responsible person fails
or refuses to perform such maintenance and repair, the municipality or county
may immediately proceed to do so and shall bill the cost thereof to the responsible
person.

Preventative maintenance procedures are required to maintain
the intended operation and safe condition of the stormwater management facility
by greatly reducing the occurrence of problems and malfunctions. To be effective,
preventative maintenance shall be performed on a regular basis and include
such routine procedures as training of staff, periodic inspections, grass
cutting and fertilizing, silt and debris removal and disposal, upkeep of moving
parts, elimination of mosquito breeding habitats, pond maintenance, and review
of maintenance and inspection work to identify where the maintenance program
could be more effective.

Corrective maintenance procedures are required to correct
a problem or malfunction at a stormwater management facility and to restore
the facility's intended operation and safe condition. Based upon the
severity of the problem, corrective maintenance must be performed on an as-needed
or emergency basis and include such procedures as structural repairs, mosquito
extermination, removal of debris, sediment and trash removal which threaten
discharge capacity, erosion repair, snow and ice removal, fence repair and
restoration of vegetated and nonvegetated linings.

Any person who erects, constructs, alters, repairs, converts, maintains,
or uses any building, structure or land in violation of this chapter shall,
upon conviction thereof by any court authorized by law to hear and determine
the matter, be liable to a fine of not more than $2,000.

This chapter shall take effect immediately upon the approval by the
county review agency, or 60 days from the receipt of the ordinance by the
county review agency if the county review agency should fail to act.

If the provisions of any section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate the remainder
of any section, subsection, paragraph, subdivision, or clause of this chapter.